New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Lucian T. Pera
Editor-in-Chief, TBALink

IN RE: PETITION OF TENNESSEE BAR ASSOCIATION FOR THE APPROVAL OF
CITATION SYSTEM FOR TENNESSEE APPELLATE DECISIONS
Court:TSC - Rules
Judge: ANDERSON
First Paragraph:
On February 2, 1997, the Tennessee Bar Association filed a petition in
this Court seeking approval of a "Citation System for Tennessee
Appellate Decisions." Because the proposed new rule raised issues of
important public policy, the Court entered an order on January 21,
1997, soliciting responses to the petition from the Bar and the
public. The order requested that responses be filed in the Appellate
Court Clerk's office in Nashville on or before June 30, 1997. The
Court received a number of thoughtful and constructive responses from
various practicing attorneys, legal educators, and bar associations.
http://www.tba.org/tba_files/TSC_Rules/TBA_ord.wpdEVELYN CAMPBELL, a/k/a ELVIN CAMPBELL, ERMA DORTON and EDRIA HUMPHREY,
v. UNION PLANTERS BANK, formerly COMMERCE FEDERAL SAVINGS BANK
Court:TCA
Attorneys:
H. Scott Reams, Morristown, Tennessee, for appellant, Union Planters
Bank.
Floyd W. Rhea, Sneedville, Tennessee, for appellees.
Judge: FRANKS
First Paragraph:
In this action to recover on two certificates of deposit against the
bank, the Trial Judge directed a verdict in favor of the plaintiffs
after sustaining an objection to the bank's attempt to offer its
business records in evidence. The bank has appealed, and we reverse
and remand for a new trial.
http://www.tba.org/tba_files/TCA/campbelle.wpd
VICTORIA ROBBINS v. BILL WOLFENBARGER, D/B/A WOLF'S MOTORS and SAM
HORNE
Court:TCA
Attorneys:
Hubert D. Patty, Maryville, Tennessee, for appellant Sam Horne.
Linda G. Shown, Alcoa, Tennessee, for appellee Victoria Robbins.
Judge: FRANKS
First Paragraph:
A default judgment was entered against Horne and the Trial Court
subsequently overruled Horne's Motion to Set Aside the Default. Horne
has appealed. We affirm the judgment of the Trial Court.
http://www.tba.org/tba_files/TCA/robbinsv.wpd
TENNESSEE-AMERICAN WATER COMPANY v. CITY OF CHATTANOOGA, TENNESSEE, et
al.
Court:TCA
Attorneys:
Randall L. Nelson, Fredrick L. Hitchcock, Larry L. Cash, and Stephen
D. Barham, Chattanooga, Tennessee, for the appellant, City of
Chattanooga, Tennessee.
Joe A. Conner and Misty Smith Kelley, Chattanooga, Tennessee, for the
appellee, Tennessee- American Water Company.
Judge: SWINEY
First Paragraph:
The City of Chattanooga asserted, by counter-claim, that the franchise
rights of a state-franchised water company had terminated when the
original stated corporate existence of ninety-nine years expired. The
Hamilton County Chancery Court found that the water company's
franchise was separate from the incorporation, that perpetuity of the
franchise is the appropriate interpretation when there exists no
limiting language in the franchise grant itself, and that the water
company had not trespassed by continuing to operate in Chattanooga
past the expiration of the original ninety-nine year grant of
corporate existence. The judgment of the Chancellor is affirmed.
http://www.tba.org/tba_files/TCA/TennAmer.wpdGEORGE TODD v. STATE OF TENNESSEE
CORRECTED OPINION
WITH COURT MEMO
Court:TCCA
Attorneys:
Judge: WELLES
First Paragraph:
The Defendant appeals from the trial court's dismissal of his petition
for post-conviction relief. The trial court found that the petition
was barred by the statute of limitations. We affirm the judgment of
the trial court.
http://www.tba.org/tba_files/TCCA/toddg.wpd
COURT MEMO
http://www.tba.org/tba_files/TCCA/toddg_mem.wpd

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